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A BRITISH CITIZEN

Social benefits

Since January 1, 2021, the United Kingdom has been a third country to the European Union. EU law has ceased to apply in the UK.

A trade and cooperation agreement was signed with the United Kingdom on December 30, 2020. Since January 1, 2021, this agreement has determined the rules applicable to relations between the United Kingdom and the European Union in a number of areas. The withdrawal agreement, which entered into force on February 1, 2020, remains applicable for the areas it covers.

Although an agreement has been signed, Brexit has brought about significant changes to which we must adapt.

The Withdrawal Agreement provides specific provisions for British nationals settled in France before December 31, 2020. In most cases, you will retain your rights acquired before this date and continue to benefit from social security coordination mechanisms. The agreement of December 30, 2020 does not modify these provisions in any way.

If you wish to settle, you are not covered by the provisions of the Withdrawal Agreement and the steps to be taken are different. The Trade and Partnership Agreement provides for social security coordination in certain areas.

You are concerned if you are a British citizen working in France or wishing to work in France; if you receive family benefits; if you are insured under the French plan or the British plan; if your spouse works or is unemployed in France or the United Kingdom; if you only receive a British pension; if you are a British student in France.

Didn't find the answers to your questions on this page? You can contact us at the following address: brexit@travail.gouv.fr.

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FREQUENTLY ASKED QUESTIONS

  • Jobseekers receiving unemployment benefits from the UK in consideration of the last job held in the UK and who move to France are covered by UK social security legislation. Any contributions due on their unemployment benefits are paid to the UK.

    Jobseekers no receiving benefits from the UK and living in France (case of frontier workers and, in certain circumstances, individuals who lived in a Member State other the relevother the relevant Member State in their last job) receive unemployment benefits in France. Tax and social security contributions on these unemployment benefits are due in France.

  • As provided for by the withdrawal agreement, if your situation remains the same after 31 December 2020, you will continue to receive family benefits under the same conditions as today. The State that pays family benefits is determined according to your professional activity and that of your spouse, your residence and that of your spouse and your children. Professional activity is decisive in determining the primary competent State and, secondarily, a supplement may be paid by the State where your children reside.

    In your case, the British organisation has primary competence for paying your family benefits as the UK is the State in which your spouse works and where your children reside. France will pay a differential supplement if the French family benefits correspond to a higher amount than the British ones.

    It should be noted that to guarantee application of the rights set out in the withdrawal agreement, EU citizens residing in the UK prior to the end of the transition period should file a settled status application with the British authorities, in accordance with the conditions stipulated by the British government (online application).

  • As provided for by the withdrawal agreement, if your situation remains the same after 31 December 2020, you will continue to receive family benefits under the same conditions as today. The State that pays family benefits its determined according to your professional activity and that of your spouse, your residence and that of your spouse and your children. Professional activity is decisive in determining the primary competent State and, secondarily, a supplement may be paid by the State where your children reside.

    In your case, the French organisation has primary competence for paying your family benefits as France is the State in which you work and your spouse does not work in the UK. The UK will pay a differential supplement if the UK family benefits correspond to a higher amount than the French ones.

    It should be noted that to guarantee application of the rights set out in the withdrawal agreement, EU citizens residing in the UK prior to the end of the transition period should file a settled status application with the British authorities, in accordance with the conditions stipulated by the British government (online application).

  • As of 1 January 2021, the RSA, AAH and prime d’activité will be maintained if you meet the conditions for lawful residence in France.

  • As of 1 January 2021, you will be eligible for the RSA if you meet the conditions for lawful residence in France.

  • On 1 January 2021, the Trade and Cooperation Agreement governs relations between the United Kingdom and the European Union. The Protocol on social security coordination annexed to the agreement sets-out the possibility for EU Member States to maintain the Posting of Workers Regime in respect of British workers posted to a Member State or European workers posted to the United Kingdom.

    France has chosen to maintain the Posting of Workers Regime for French and British workers. Thus, the EU rules on posted workers still apply.

    They are established by :

    • the implementing Directive 2014/67/EU, which establishes a common legal framework for the uniform implementation, application and monitoring of compliance with common standards;
    • the revised (EU) Directive 2018/957 of 28 June 2018 which guarantees the application of the labour law in force in the host Member State for long-term postings and covers, in particular, equal pay, the applicability of collective agreements or the treatment of temporary agency workers.

    Rules on prior notification, social security and labour law continue to apply for workers posted to France and to the United Kingdom.

  • If you began studying in France before the end of the transition period (31 December 2020), your health insurance coverage and the conditions under which you are insured will not change. You will need a new “Brexit” European Health Insurance Card (EHIC) with the country code FR.

    British citizens who come to France as students after the end of the transition period (on or after 1 January 2021) will need to hold a residence permit

    The EU-UK Trade and Cooperation Agreement, which applies from 1 January 2021, includes provisions on access to healthcare for students. There will be a phased implementation in order to finalise documentation requirements for access to healthcare and to set up a system for reimbursements between countries.

    As of 1 January /2021, only persons covered by the withdrawal agreement may continue to use an EHIC (European Health Insurance Card). The other existing EHICs will no longer be valid: the United Kingdom invites persons covered by the withdrawal agreement to apply to their British health insurance fund for the issue of a new EHIC, including the mention "CRA" - "Citizens' Rights Agreement" and a country code for students continuing their stay in a Member State after 31 December 2020. This new card will enable them to continue to benefit from coverage for medically necessary care during their stay in France.

  • If you started your studies in France before 31 December 2020, your health insurance cover and the conditions under which you are insured do not change.

    British citizens who come to France to study on or after 1 January 2021 will need to hold a residence permit and register for French social security. They can apply for housing assistance under the same conditions as other foreign students. http://www.caf.fr/presse-institutionnel/international/francais-etranger.